| Not Restricted |
IN THE SUPREME COURT OF VICTORIA
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 00185
| THE QUEEN |
| v |
| ALBERT HOE OOI |
---
JUDGE: | JOHN DIXON J |
WHERE HELD: | MELBOURNE |
DATE OF PLEA HEARING: | 2 MARCH 2017 |
DATE OF SENTENCE: | 6 APRIL 2017 |
CASE MAY BE CITED AS: | R v ALBERT OOI |
MEDIUM NEUTRAL CITATION: | [2017] VSC 157 |
---
CRIMINAL LAW – Sentence – Conspiracy to defraud the State of Victoria – Receiving secret commission – Awarding government contracts in excess of $15M to related companies with conflict of interest – Offences occurred over seven year period – Key player – Plea of guilty - Undertaking to give evidence against co-offenders – Other mitigating circumstances – Total effective sentence 8 years with a minimum of 6 years.
---
APPEARANCES: | Counsel | Solicitors |
| For the Queen | Mr K T Armstrong with Mr A J D Sharp | John Cain, Solicitor for Public Prosecutions |
| For the Defendant | Mr N J Clelland QC with Mr C T Carr | Galbally & O'Bryan Lawyers |
HIS HONOUR:
Albert Hoe Ooi, on 16 February 2017 you pleaded guilty to one count of conspiracy to defraud contrary to common law and one count of receiving a secret commission contrary to s 176(1) of the Crimes Act 1958.
The first count charged that, contrary to Common Law, between 1 January 2007 and 9 January 2014, you conspired with six others[1] to defraud the State of Victoria in the awarding of works contracts. The maximum penalty for this offence is 15 years imprisonment.[2]
[1]Barry Wells, Michael De La Torre, Andrew Ooi, Darrel Salter, Andrew Hayes and Graham Davis; each of whom are subject to separate proceedings arising out of these events.
[2]Crimes Act 1958, s 320.
The second count charged that, contrary to s 176(1) of the Crimes Act 1958, on 28 February 2011, you corruptly received a secret commission from Furphy’s Foundry Sales Pty Ltd while an agent for the Department of Transport, being outdoor furniture valued at $6,740. The maximum penalty for this offence is 10 years imprisonment.[3]
[3]Crimes Act 1958, s 176(2).
The charges to which you have pleaded guilty arose out of your employment variously with the Victorian Government’s Department of Infrastructure (DOI), the Department of Transport (DOT) and Public Transport Victoria (PTV). Your offending occurred over a period spanning seven years.
The charges arise from an investigation by the Independent Broad-Based Anti-corruption Commission (IBAC) named ‘Operation Fitzroy’ into allegations of corrupt activities in procurement in the Victorian Government’s Transport departments.
You were employed by the DOI and DOT from October 2004 to January 2012 in the role of a project coordinator for bus infrastructure works, and then as a contractor to DOT and PTV from January 2012 until January 2013. Along with your charged co-offender, Mr Barry Wells, you were involved in a senior executive role with regard to project management and the selection of successful contractors for civil works projects for the DOI, DOT and PTV. You also participated in the review…
Continue reading R v Albert Ooi
Sign in free to access the full text
- AGLC
- R v Albert Ooi [2017] VSC 157
- Case
- [2017] VSC 157
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the appropriate sentencing principles to apply in this case of significant fraud and deception. The court needed to balance the gravity of the offences with the mitigating factors, including Ooi's cooperation with authorities and other personal circumstances. The court also had to consider the necessity of deterrence and general deterrence in light of the public trust violated. The key question was whether the original sentence adequately reflected the seriousness of the crimes and provided sufficient punishment and deterrence.
The court, in delivering its judgment, recognised the substantial breach of public trust and the significant impact on the State of Victoria. However, it also acknowledged Ooi's early guilty plea, his cooperation in providing evidence against co-offenders, and other mitigating circumstances. The court determined that while the crimes warranted a severe sentence, the totality of mitigating factors could justify a reduction from the initial sentence. Ultimately, the court affirmed the original sentence of eight years imprisonment with a non-parole period of six years, finding it to be commensurate with the gravity of the offences and the mitigating factors presented.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.